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California Debt Blog: High Risk, Short Term Lenders Are More Aggressive in Litigation

December 5, 2014 by Jonathan Stein

As you know by now, I am not a fan of high risk, short term loans. I think these loans are bad for most people. 

High risk lenders are more willing to take on aggressive litigation tactics. They do this because they are a lender of last resort. They also know that the Fair Debt Collection Practices Act (FDCPA) does not apply. Thus, they are more likely to be aggressive in litigation. Further, they know most of their borrowers cannot afford an attorney.

These tactics can include “sewer serves” where the process server may not serve the borrower personally, litigation in an improper location, like in a county different from one where the borrower lives, or suing for an amount that they may not be entitled to collect.

These tactics make it important that you talk to an attorney as soon as you get behind. 

Categories: Credit, Current Affairs, FDCPA, Hiring an attorney, Legal Process, News, Rosenthal FDCPA Tags: Brachfeld and Associates, CACH, CACV, cash advance, Cashcall, debt, debt collection, debt collector, debt validation, Erica Brachfeld, Fair Debt Collection Practices Act, FDCPA, Frederick J Hanna, Frederick J Hanna & Associates, Hanna & Associates, LVNV, Midland Credit Management, Midland Funding, NCO, NCO Financial, Partners, Patenaude and Felix, payday loan, Persolve, R-FDCPA, Resurgent Capital, RFDCPA, Rosenthal Act, Rosenthal Fair Debt Collection Practices Act, short term debt, short term loan, title loan, Unifund, Unifund CCR, validation

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